NAMIT INDUSTRIES Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner, who is owner-in-possession of land measuring 7689.01 Sq. Meters in village Sikrona, District Faridabad, intended to build a warehouse on it and, vide his application dated 08.08.2008 (Annexure P-1) requested the Director, Town and Country Planning, Haryana (Respondent No.2) to grant permission to change use of the land (CLU) which was granted vide memorandum dated 12.02.2009 (Annexure P-2) subject to payment of conversion charges amounting to Rs.99,960/- and certain other conditions, including a condition (No.7) that the permission would be valid for two years from the date of issue of the memorandum dated 12.02.2009. Building plan submitted by the petitioner was also approved vide memorandum dated 29.09.2009 (Annexure P-3).

(2.) Owing to recession in the market and indisposition of his son, petitioner could not commence construction of the warehouse and compelled by the circumstances he, vide his application dated 01.02.2011 (Annexure P-5), enclosing therewith a demand draft for Rs.61,520/- towards extension fee, requested the 2nd respondent to extend the period of permission for change of land use. His request, however, did not find favour with the 2nd respondent and, as such, was rejected vide memorandum dated 15.04.2011 (Annexure P-6) on the ground that the land in question could not be put to use and was still lying vacant. The petitioner, instead, was advised to apply afresh, along with requisite fee, for permission to change use of the land. The demand draft for Rs.61,520/- towards extension fee was, however, got encashed by the 2nd respondent.

(3.) Aggrieved by order dated 15.04.2011 (Annexure P-6), petitioner preferred an appeal before Principal Secretary, Department of Town and Country Planning, Haryana, but the appeal came to dismissed vide order dated 06.07.2012 as conveyed to the petitioner vide memorandum dated 04.09.2012 (Annexure P-11).